BILL REQ. #: S-3652.2
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/10/2006. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to alarm system companies; amending RCW 18.170.010, 18.170.020, 18.170.070, 18.170.080, 18.170.090, 18.170.110, 18.170.120, 18.170.130, 18.170.160, and 18.170.300; adding a new section to chapter 9.96A RCW; adding new sections to chapter 18.170 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.170.010 and 2004 c 50 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Alarm response runner" means a person employed by a private
security company or alarm system company to respond to alarm system
signals.
(2) "Alarm system" means an alarm system, burglar alarm signal
device, burglar alarm, robbery alarm, television camera, still camera,
or an assembly of equipment and devices used to detect or signal the
presence of an emergency, any unauthorized intrusion, movement, or exit
at a protected premises, other than in a vehicle, to which law
enforcement, emergency services, private security guards, or alarm
system employees are expected to respond. The system's functions
include, solely or in combination: Burglary detection, fire detection,
access control, or closed circuit television.
(3) "Alarm system company" includes any individual, firm,
corporation, partnership, association, company, society, manager,
contractor, subcontractor, bureau, agency, service, office, or an agent
of any of the foregoing licensed under this chapter and engaged in
providing the services of: (a) Surveying the property for purposes of
installing an alarm system; (b) physically installing, servicing,
maintaining, repairing, or monitoring an alarm system for the customer;
or (c) responding to a distress call or an alarm sounding from an alarm
system.
(4) "Alarm system employee" means a person who personally provides
alarm system services, an individual registered to perform installation
and repair of alarm systems, an individual who acts as an alarm system
installer for purposes of this chapter if the individual installs,
maintains, or repairs an alarm system, an alarm response runner, or an
individual who acts as an alarm system monitor for purposes of this
chapter if the individual monitors an alarm system or detection device.
(5) "Armed private security guard" means a private security guard
who has a current firearms certificate issued by the commission and is
licensed as an armed private security guard under this chapter.
(((2))) (6) "Armored vehicle guard" means a person who transports
in an armored vehicle under armed guard, from one place to another
place, valuables, jewelry, currency, documents, or any other item that
requires secure delivery.
(((3) "Burglar alarm response runner" means a person employed by a
private security company to respond to burglar alarm system signals.)) (7) "Chief law enforcement officer" means the elected or
appointed police administrator of a municipal, county, or state police
or sheriff's department that has full law enforcement powers in its
jurisdiction.
(4) "Burglar alarm system" means a device or an assembly of
equipment and devices used to detect or signal unauthorized intrusion,
movement, or exit at a protected premises, other than in a vehicle, to
which police or private security guards are expected to respond.
(5)
(((6))) (8) "Classroom instruction" means instruction that takes
place in a setting where individuals receiving training are assembled
together and learn through lectures, study papers, class discussion,
textbook study, or other means of organized formal education
techniques, such as video, closed circuit, or other forms of electronic
means, and as distinguished from on-the-job education or training.
(((7))) (9) "Commission" means the criminal justice training
commission established in chapter 43.101 RCW.
(((8))) (10) "Department" means the department of licensing.
(((9))) (11) "Director" means the director of the department of
licensing.
(((10))) (12) "Employer" includes any individual, firm,
corporation, partnership, association, company, society, manager,
contractor, subcontractor, bureau, agency, service, office, or an agent
of any of the foregoing that employs or seeks to enter into an
arrangement to employ any person as a private security guard or an
alarm system employee.
(((11))) (13) "Firearms certificate" means the certificate issued
by the commission.
(((12))) (14) "Licensee" means a person granted a license required
by this chapter.
(((13))) (15) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor,
subcontractor, bureau, agency, service, office, or an agent or employee
of any of the foregoing.
(((14))) (16) "Postassignment or on-the-job training" means
training that occurs in either an assisted field environment or in a
classroom instruction setting, or both.
(((15))) (17) "Preassignment training" means the classroom training
completed prior to being assigned to work independently.
(((16))) (18) "Principal corporate officer" means the president,
vice-president, treasurer, secretary, comptroller, or any other person
who performs the same functions for the corporation as performed by
these officers.
(((17))) (19) "Private security company" means a person or entity
licensed under this chapter and engaged in the business of providing
the services of private security guards on a contractual basis.
(((18))) (20) "Private security guard" means an individual who is
licensed under this chapter and principally employed as or typically
referred to as one of the following:
(a) Security officer or guard;
(b) Patrol or merchant patrol service officer or guard;
(c) Armed escort or bodyguard;
(d) Armored vehicle guard;
(e) ((Burglar)) Alarm response runner; or
(f) Crowd control officer or guard.
(((19))) (21) "Qualifying agent" means an officer or manager of a
corporation who meets the requirements set forth in this chapter for
obtaining a license to own or operate a private security company or an
alarm system company.
(((20))) (22) "Sworn peace officer" means a person who is an
employee of the federal government, the state, a political subdivision,
agency, or department branch of a municipality, or other unit of local
government, and has law enforcement powers.
Sec. 2 RCW 18.170.020 and 1991 c 334 s 2 are each amended to read
as follows:
(1) The requirements of this chapter do not apply to:
(((1))) (a) A person who is employed exclusively or regularly by
one employer and performs the functions of a private security guard
solely in connection with the affairs of that employer, if the employer
is not a private security company;
(((2))) (b) A sworn peace officer while engaged in the performance
of the officer's official duties; ((or)) (c) A sworn peace officer while employed by any person to
engage in off-duty employment as a private security guard, but only if
the employment is approved by the chief law enforcement officer of the
jurisdiction where the employment takes place and the sworn peace
officer does not employ, contract with, or broker for profit other
persons to assist him or her in performing the duties related to his or
her private employer;
(3)
(d) An officer or employee of the United States or of this state or
a political subdivision thereof, while engaged in the performance of
the officer's official duties;
(e) The installation, servicing, monitoring, or responding to an
alarm device that is installed in a motor vehicle, aircraft, or boat;
(f) A person or company entity who owns, installs, or monitors
alarm systems, on his or her own property whether owned or leased, or,
if he or she does not charge for the system or its installation,
installs it for the protection of his or her personal property located
on the property of another, and does not install or monitor the system
as a normal company practice on the property of another; or
(g) A person or company entity whose sale of an alarm system is
exclusively over-the-counter or by mail order.
(2) Engineers and architects properly licensed by the state are
exempt from the registration and licensing requirements of this chapter
for the purposes of designing or planning alarm systems.
(3) Individuals, corporations, partnerships, associations,
organizations, or similar entities licensed by the state electrical
licensing unit of the department of labor and industries may install
conduit or wire for a system if they do not connect any devices or have
access to plans or designs for the complete system.
(4) This chapter does not supersede any state law that establishes
standards or qualifications for electricians or for electrical work
involved in the installation of burglar alarm systems.
(5) This chapter does not authorize an individual to perform
electrical work that otherwise requires an electrician's license under
any state law.
(6) The licensing requirements in this chapter do not apply to an
electrician who is: (a) Currently licensed in that occupation under
state law; (b) acting only within the scope of that occupation; and (c)
not installing alarm systems.
(7) An electrician may not personally provide alarm services unless
the electrician is licensed and registered under this chapter.
NEW SECTION. Sec. 3 An applicant must meet the following minimum
requirements to obtain an alarm system employee license:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United States or a legal resident alien;
(3) Not have been convicted of a crime in any jurisdiction if the
director determines that the applicant's particular crime directly
relates to a capacity to perform the duties of an alarm technician and
the director determines that the license should be withheld to protect
the citizens of the state, notwithstanding the restoration of
employment rights act, chapter 9.96A RCW;
(4) Submit a receipt showing payment for a background check through
the Washington state patrol and the federal bureau of investigation;
(5) Be employed by or have an employment offer from a licensed
alarm system company;
(6) Pay the fee established by the director; and
(7) Submit a completed application that includes proper
identification on a form prescribed by the director for each company of
employment.
NEW SECTION. Sec. 4 (1) In addition to meeting the minimum
requirements to obtain a license as an alarm system employee, an
applicant, or, in the case of a partnership, each partner, or, in the
case of a corporation, the qualifying agent must meet the following
requirements to obtain a license to own or operate an alarm system
company:
(a) Be at least twenty-one years of age;
(b) Meet the insurance requirements of this chapter; and
(c) Pay any additional fees established by the director.
(2) If the qualifying agent upon whom the licensee relies to comply
with subsection (1) of this section ceases to perform his or her duties
on a regular basis, the licensee must promptly notify the director by
certified or registered mail. Within sixty days of sending
notification to the director, the licensee must obtain a substitute
qualifying agent who meets the requirements of this section. The
director may extend the period for obtaining a substitute qualifying
agent.
(3) A company license issued under this section may not be assigned
or transferred without prior written approval of the director.
(4) Any individual, corporation, partnership, association,
organization, or similar entity doing business as an alarm system
company in multiple locations within this state must have branch office
certificates for each of its offices located in this state. The
director shall grant branch office certificates for each branch, which
must be displayed at the branch office, upon payment of an appropriate
fee.
(5) No license to own or operate an alarm system company may be
issued to an applicant if the name of the company portrays the company
as a public law enforcement agency, or in association with a public law
enforcement agency, or includes the word "police."
Sec. 5 RCW 18.170.070 and 1995 c 277 s 5 are each amended to read
as follows:
(1) The director shall issue a private security guard license card
to each licensed private security guard ((and)), an armed private
security guard license card to each armed private security guard, and
an alarm system employee license to each licensed alarm system
employee.
(a) The license card may not be used as security clearance.
(b) A private security guard shall carry the license card whenever
he or she is performing the duties of a private security guard and
shall exhibit the card upon request.
(c) An armed private security guard shall carry the license card
whenever he or she is performing the duties of an armed private
security guard and shall exhibit the card upon request.
(d) An alarm system employee shall carry the license card whenever
he or she is performing the duties of an alarm system employee and
shall exhibit the card upon request.
(2) The director shall issue a license certificate to each licensed
private security company. The director shall issue a license
certificate to each licensed alarm system company.
(a) Within seventy-two hours after receipt of the license
certificate, the licensee shall post and display the certificate in a
conspicuous place in the principal office of the licensee within the
state.
(b) It is unlawful for any person holding a license certificate to
knowingly and willfully post the license certificate upon premises
other than those described in the license certificate or to materially
alter a license certificate.
(c) Every advertisement by a licensee that solicits or advertises
business shall contain the name of the licensee, the address of record,
and the license number as they appear in the records of the director.
(d) The licensee shall notify the director within thirty days of
any change in the licensee's officers or directors or any material
change in the information furnished or required to be furnished to the
director.
Sec. 6 RCW 18.170.080 and 1991 c 334 s 8 are each amended to read
as follows:
A licensed private security company or a licensed alarm system
company shall file and maintain with the director a certificate of
insurance as evidence that it has comprehensive general liability
coverage of at least twenty-five thousand dollars for bodily or
personal injury and twenty-five thousand dollars for property damage.
Sec. 7 RCW 18.170.090 and 1995 c 277 s 6 are each amended to read
as follows:
(1) A licensed private security company or a licensed alarm system
company may issue an employee a temporary registration card of the type
and form provided by the director, but only after the employee has
completed preassignment training, if required, and submitted a full and
complete application for a private security guard license or an alarm
system employee license to the department. The application must be
mailed to the department within three business days after issuance of
the temporary registration card. The temporary registration card is
valid for a maximum period of sixty days and does not authorize a
person to carry firearms during the performance of his or her duties as
a private security guard. The temporary registration card permits the
applicant to perform the duties of a private security guard or an alarm
system employee for the issuing licensee.
(2) Upon expiration of a temporary registration card or upon the
receipt of a permanent registration card or notification from the
department that a permanent license is being withheld from an
applicant, the applicant shall surrender his or her temporary
registration card to the licensee.
(3) The director may suspend the authority to use temporary
registration cards for a period of one year for any private security
guard company or alarm system company that fails to comply with the
provisions of this section. After the suspension period, the director
may reinstate the company's use of temporary registration cards after
receipt of a written request from the company.
Sec. 8 RCW 18.170.110 and 2000 c 171 s 39 are each amended to
read as follows:
(1) A private security company or an alarm system company shall
notify the director within thirty days after the death or termination
of employment of any employee who is a licensed private security guard
((or)), armed private security guard, or alarm system employee by
returning the license to the department with the word "terminated"
written across the face of the license, the date of termination, and
the signature of the principal or the principal's designee of the
private security guard company.
(2) A private security company shall notify the department within
seventy-two hours and the chief law enforcement officer of the county,
city, or town in which the private security guard ((or)), armed private
security guard, or alarm system employee was last employed immediately
upon receipt of information affecting his or her continuing eligibility
to hold a license under the provisions of this chapter.
(3) A private security guard company shall notify the local law
enforcement agency whenever an employee who is an armed private
security guard discharges his or her firearm while on duty other than
on a supervised firearm range. The notification shall be made within
ten business days of the date the firearm is discharged.
Sec. 9 RCW 18.170.120 and 1995 c 277 s 9 are each amended to read
as follows:
(1) Any person from another state that the director determines has
selection, training, and other requirements at least equal to those
required by this chapter, and who holds a valid license, registration,
identification, or similar card issued by the other state, may apply
for a private security guard license card ((or)), armed private
security guard license card, or alarm system employee card on a form
prescribed by the director. Upon receipt of a processing fee to be
determined by the director, the director shall issue the individual a
private security guard license card ((or)), armed private security
guard license card, or alarm system employee card.
(2) A valid private security guard license, registration,
identification, or similar card issued by any other state of the United
States is valid in this state for a period of ninety days, but only if
the licensee is on temporary assignment as a private security guard for
the same employer that employs the licensee in the state in which he or
she is a permanent resident.
(3) A person from another state on temporary assignment in
Washington may not solicit business in this state or represent himself
or herself as licensed in this state.
Sec. 10 RCW 18.170.130 and 1995 c 277 s 10 are each amended to
read as follows:
(1) Applications for licenses required under this chapter shall be
filed with the director on a form provided by the director. The
director may require any information and documentation that reasonably
relates to the need to determine whether the applicant meets the
criteria.
(2) After receipt of an application for a license, the director
shall conduct an investigation to determine whether the facts set forth
in the application are true and shall request that the Washington state
patrol compare the fingerprints submitted with the application to
fingerprint records available to the Washington state patrol. The
Washington state patrol shall forward the fingerprints of applicants
for an armed private security guard license to the Federal Bureau of
Investigation for a national criminal history records check. The
director may require that fingerprint cards of licensees be
periodically reprocessed to identify criminal convictions subsequent to
registration.
(3) ((The director shall solicit comments from the chief law
enforcement officer of the county and city or town in which the
applicant's employer is located on issuance of a permanent private
security guard license.)) A summary of the information acquired under this section, to
the extent that it is public information, shall be forwarded by the
department to the applicant's employer.
(4)
Sec. 11 RCW 18.170.160 and 1995 c 277 s 11 are each amended to
read as follows:
(1) After June 30, 1992, any person who performs the functions and
duties of a private security guard in this state without being licensed
in accordance with this chapter, or any person presenting or attempting
to use as his or her own the license of another, or any person who
gives false or forged evidence of any kind to the director in obtaining
a license, or any person who falsely impersonates any other licensee,
or any person who attempts to use an expired or revoked license, or any
person who violates any of the provisions of this chapter is guilty of
a gross misdemeanor.
(2) After January 1, 1992, a person is guilty of a gross
misdemeanor if he or she owns or operates a private security company in
this state without first obtaining a private security company license.
(3) After June 30, 1992, the owner or qualifying agent of a private
security company is guilty of a gross misdemeanor if he or she employs
an unlicensed person to perform the duties of a private security guard
without issuing the employee a valid temporary registration card if the
employee does not have in his or her possession a permanent private
security guard license issued by the department. This subsection does
not preclude a private security company from requiring applicants to
attend preassignment training classes or from paying wages for
attending the required preassignment training classes.
(4) After June 30, 1992, a person is guilty of a gross misdemeanor
if he or she performs the functions and duties of an armed private
security guard in this state unless the person holds a valid armed
private security guard license issued by the department.
(5) After June 30, 1992, it is a gross misdemeanor for a private
security company to hire, contract with, or otherwise engage the
services of an unlicensed armed private security guard knowing that he
or she does not have a valid armed private security guard license
issued by the director.
(6) Any person who performs the functions and duties of an alarm
system employee in this state without being licensed in accordance with
the provisions of this chapter, or any person presenting or attempting
to use as his or her own the license of another, or any person who
gives false or forged evidence of any kind to the director in obtaining
a license, or any person who falsely impersonates any other licensee,
or any person who attempts to use an expired or revoked license, or any
person who violates any of the provisions of this chapter is guilty of
a gross misdemeanor.
(7) The owner or qualifying agent of an alarm system company is
guilty of a gross misdemeanor if the owner or qualifying agent employs
any person to perform the duties of an alarm system employee without
the employee having in the employee's possession a permanent alarm
system employee license issued by the department.
(8) It is a gross misdemeanor for a person to possess or use any
vehicle or equipment displaying the word "police" or "law enforcement
officer" or having any sign, shield, marking, accessory, or insignia
that indicates that the equipment or vehicle belongs to a public law
enforcement agency.
(((7))) (9) It is a gross misdemeanor for any person who performs
the functions and duties of a private security guard or an alarm system
employee to use any name that includes the word "police" or "law
enforcement" or that portrays the individual or a business as a public
law enforcement agency.
(((8))) (10) It is the duty of all officers of the state and
political subdivisions thereof to enforce the provisions of this
chapter. The attorney general shall act as legal adviser of the
director, and render such legal assistance as may be necessary in
carrying out the provisions of this chapter.
Sec. 12 RCW 18.170.300 and 2004 c 50 s 3 are each amended to read
as follows:
(1) The director has the authority to negotiate reciprocity
agreements with other states allowing licensed security officers from
Washington to work in those other states.
(2) The director has the right to enter into reciprocity agreements
with other jurisdictions whose requirements for alarm system companies
are equal to the requirements of this chapter.
NEW SECTION. Sec. 13 A new section is added to chapter 9.96A RCW
to read as follows:
This chapter is not applicable to the department of licensing with
respect to issuing an alarm system employee license under section 3 of
this act.
NEW SECTION. Sec. 14 Sections 3 and 4 of this act are each added
to chapter
NEW SECTION. Sec. 15 This act takes effect one year after the
date of passage of this act.